Decide maintainability of complaints on BSP symbol: SC to EC

The Supreme Court today asked the Election Commission to decide within three months only the issue of maintainability raised by Mayawati government in Uttar Pradesh relating to pleas seeking freezing of BSP's election symbol 'elephant' for allegedly violating the poll panel's instructions on its use.

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PTI

New Delhi

July 9, 2010

UPDATED: July 9, 2010 20:19 IST

The Supreme Court on Friday asked the Election Commission to decide within three months only the issue of maintainability raised by Mayawati government in Uttar Pradesh relating to pleas seeking freezing of BSP's election symbol 'elephant' for allegedly violating the poll panel's instructions on its use.

"We make it clear that the EC will take its decision on the preliminary point of maintainability of complaints," a Bench comprising Chief Justice S H Kapadia and Justices K S Radhakrishnan and Swatanter Kumar said.

The Bench did not agree with the submission of the EC that it should straight away go into the allegation of violation of the law on the use of party symbol for which it had sought some details, including documents, from Uttar Pradesh government about the construction of statues of elephants.

"The decision will be given by the EC within three months only on the question of maintainability of the complaints," the Bench said and assured the poll watchdog that it was keeping the matter alive and would pass any order after examining the validity of its order on the maintainability.

"The order/decision of the EC will be placed before us. We will decide whether it is valid or not," the Bench said.

"We want to see the decision of the EC whether the complaints are maintainable or not," it said adding "suppose the EC comes to the conclusion that the complaints are not maintainable, then there will be no need for asking for any material (from Uttar Pradesh)."

The Bench said if the EC held that complaints are maintainable and passes its test of validity, then the poll panel will be at liberty to call for the material from the state government.

The court noted the submission of senior advocate K K Venugopal, who was appearing for Uttar Pradesh government, that the issue of maintainability was argued threadbare before the EC on April 7.

Senior advocate Ashok Desai and Meenakshi Arora, appearing for the EC, said the February 22 order of the apex court made it clear that there was no need to go into the maintainability of the complaints.

The court was hearing the plea of the EC that UP Chief Minister Mayawati was "coming in its way" of deciding on the "misuse" of BSP's party symbol.

The EC had alleged in its application that UP government was not giving details about the construction of statues of elephants.

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